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(영문) 서울북부지방법원 2016.07.21 2015고정2706

협박

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant, as a resident of Seoul Special Metropolitan City, Nowon-gu, 106 Dong 1305, the defendant's family members and the defendant's family members living in the above apartment 106 Dong 1205 dong 1205 dong 106 and the victim E (the 32 years old) who is a father of D, had experienced a usual conflict due to noise and water leakage between floors.

At around 09:00 on September 3, 2015, the Defendant, as a result of water leakage in the 1305 entrance of the Defendant around 09:0, the Defendant: (a) expressed a desire to the victims, such as: (b) the victims running away from the entrance, and (c) the victims running away from the entrance, and (d) the victims “year, bit bit of bitch, bit of bitch, bit of bit of bitch,” and (b) acted to the victims, as the victims might cause harm.

Although the Defendant entered F's place into the above apartment house, the victims moved to the 12th floor of the above apartment building to the management office, but they again cut away from the above entrance, and they acted as if they would cause harm to the victims by driving away the victims on the 12th floor of the above apartment building.

Accordingly, the defendant threatened victims at the same time.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on a petition;

1. Article 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;